Legal Opinion

Flanagan v. Mount Eden General Hospital

New York Court of Appeals

Decided April 17, 1969PublishedCited by 198 opinions

1Opinion of the CourtKeating, J.

Josephine Flanagan, in June of 1958, was under the care of Dr. Max Eisenstat for a gall bladder ailment. Dr. Eisenstat determined that an operation was necessary, and the plaintiff entered Mount Eden General Hospital for that purpose. -On July 14, 1958 the operation was performed. During the course of the operation surgical clamps were inserted in the •plaintiff’s body.

In the spring of 1966 the plaintiff experienced severe pain in the region of her abdomen. She consulted a doctor. He advised her on June 3, 1966 that surgical clamps were discovered by X-ray analysis to be lodged in her body.…

2Cases cited45 opinions

  1. Wong Yang Sung v. McGrathSupreme Court of the United States · 1950
  2. Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
  3. Ayers v. MorganSupreme Court of Pennsylvania · 1959
  4. Gaddis v. SmithTexas Supreme Court · 1967
  5. Woods v. LancetNew York Court of Appeals · 1951

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3Cited by198 opinions

  1. Rozny v. MarnulIllinois Supreme Court · 1969
  2. Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
  3. John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
  4. Victorson v. Bock Laundry Machine Co.New York Court of Appeals · 1975
  5. Brock v. BuaAppellate Division of the Supreme Court of the State of New York · 1981

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